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Report No. 192

List III: Concurrent List

"Entry 2: Criminal procedures, including all matters included in the Code of Criminal Procedure at the commencement of the Constitution.

Entry 11A: Administration of justice; constitution and organization of all Courts, except the Supreme Court and the High court;

Entry 13: Civil Procedure, including all matters included in the Code of Civil Procedure at the commencement of this Constitution, limitation and arbitration.'

Entry 46: Jurisdictions and powers of all courts, except the Supreme Court, with respect to any of the matter in this List."

It is to be noted that under the 42nd Amendment the words in Entry 3 of List II of VII Schedule of the Constitution 'Administration of justice, constitution and organization of all courts, except the Supreme Court and the High Courts' have been transferred to Entry 11A of the Concurrent List.

On the basis of the reasoning of the Supreme Court in P.H. Mawle's case holding in favour of the legislative power of the State Legislature of Madras under Entry 2 of List II, Entries 2 and 4 of List III of the Government of India Act, 1935, the position under the Constitution becomes clear. Civil and Criminal Procedures continue, even under the Constitution of India in List III of VII Schedule, viz. Entry 2 and Entry 13. Further, the broad entry of 'Administration of Justice' which was in List II has been shifted into the List III as Entry 11A by the 42nd Amendment. Entry 46 of List III relates to jurisdiction and power of Courts (except Supreme Court).

In view of these Entries, it is clear that on the very reasoning of the Supreme Court in P.H. Mawle, Parliament has ample power under Entries 2, 11A, 13 and 46 of List III to legislate on the subject of vexatious litigation, in both civil and criminal jurisdictions, in as much as these entries cover the same field as were covered by Entry 2 of List II and Entries 2 and 4 of List III of VII Schedule to the Government of India, Act, 1935. Thus there is no difficulty on the question of legislative competence of Parliament.



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